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Minutes - 2013 - Planning & Zoning - 08/05/2013 - Regular THE CITY OF EAGLE PLANNING AND ZONING COMMISSION August 5,2013 Minutes, 1. CALL TO ORDER: Meeting called to order at 6:08 p.m. 2. ROLL CALL: Present: AIZPITARTE, SMITH, VILLEGAS. Absent: ROEHLING, TANNER. A quorum is present. 3. CONSENT AGENDA: ♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Chairman, a Commissioner,member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the Rules of Order. ♦ Any item on the Consent Agenda that contains written recommendations from the City of Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of July 15,2013. Smith moves to approve the consent agenda as presented. Seconded by Villegas. ALL AYE...MOTION CARRIES. 4. UNFINISHED BUSINESS: NONE 5. PUBLIC HEARINGS: A. CU-02-12 —Personal Wireless Facility (Height-Over 35 Feet) - Skyway Towers, LLC.: Skyway Towers, LLC, represented by Ronnie Fuller with FlatCo Telecommunications Services, LLC, is requesting conditional use permit approval for a personal wireless facility (height-over 35 feet). The 10.2-acre site (North Eagle Hills Elementary School) is generally located on the north side of East Ranch Drive approximately 40-feet east of North Stierman Way at 650 East Ranch Drive. Chairman Aizpitarte introduces the item. Megan Fuller, with Flatco Telecommunications Service LLC, representing Skyway Towers LLC located at 4835 N. Villa Ridge Way Boise, Idaho. Skyway Towers LLC. is asking that this application be tabled for 8 weeks in hopes of addressing the concerns and being able to be able to bring forward an application that could be recommended for approval. City Attorney, Susan Buxton states that as the applicant is requesting a continuance to a date certain, but also recognizes that there are a large number of people in attendance who may want to testify and may not be available to attend a meeting at a later date. If the Commission choses to take public testimony she recommends they open the public hearing with the understanding that whoever testifies tonight will not be able to re-testify unless there is a significant change to the application. This item will be re- noticed for a future public hearing date in the same manner that tonight's meeting was noticed. Discussion regarding testimony protocol and the procedures that need to be complied with to ensure that we have a transcribable record. Chairman Aizpitarte would prefer this item be remanded back to staff, and thus there would be a re- notice requirement. Discussion amongst the Commission. Smith moves to remand CU-02-12. Seconded by Villegas. Discussion. Smith modifies the motion to remand CU-02-12 to staff, and re-noticed as schedule allows. Seconded by Villegas. ALL AYE...MOTION CARRIES. Page 1 of 6 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-08-05-13min.doc City Attorney Buxton, gives direction on how to proceed now that the application has been remanded to staff. Discussion. Chairman Aizpitarte, opens the public hearing. Jack Learned, 991 Eagle Hills Way Eagle, ID, no amount of modification to this application will make it acceptable. The only acceptable modification would be to make it underground. He would rather action be taken on the item and the item be denied. He encourages a reconsideration of a remand and simply denies the application. City Attorney, Buxton encourages those in attendance to maintain decorum for the proceedings. Additionally she reminds everyone that the State of Idaho is subject to the Federal Telecommunications Act of 1996, as well as its amendments, with regard to telecommunications and cell towers, so there are limitations that the City has with regard to addressing these items, and would like for them ( the audience) to understand that the City does have some things that they can do with regard to cell towers and that they are limited with those things. While we may not want anything at all the, Federal Government has preempted a lot of that for some of these areas. Austin Streetman 677 Stierman Eagle, Idaho. Mr. Streetman Lives within 700' of the proposed tower, he works for an environmental consulting firm. It doesn't appear that any development of alternative sites have been investigated by the applicant. When the project comes back alternate sites should be identified and explored. There is a high visual impact if the proposal were to go forward. The proposed tower should be co-located with a Verizon Tower. Mark Miller 646 Palmetto Dr. Eagle, Idaho. Mr. Miller reviews a PowerPoint presentation (attached to minutes). Mr. Miller reviews existing towers in Eaglle. There is a concern with diesel from the emergency generator that will cycle monthly. Discussion of impact of cell phone tower location and property values. Mr. Miller states the revenue from the tower will go to the Meridian School District general fund, not directed to Eagle Hills Elementary School. Boise School District does not allow towers on their property. Meridian does allow towers, Eagle Hills is the first stand alone site. Other locations with the Meridian School District are co-located with light poles. Meridian School District allows these towers for a fee, it is a revenue source for the school district. It is not a good site because of the homes nearby, children; a public park would all be negatively impacted. There are other locations that would be more appropriate. Steve Guerber, 699 N. Ranch Dr. Eagle, Idaho. Mr. Guerber states that Eagle has a reputation for making things special and not just allowing something that does not meet our standards. Provides pictures of stealth type cell towers that have been installed throughout the United States (attached to minutes). While he is not enamored with the location that is proposed, but certainly if something takes place in the City of Eagle,the City should dictate where and what it looks like. Wayne Davis 923 Eagle Hills Way Eagle, Idaho. He feels the Commission is doing a disservice to the public. This is just another stall tactic that the applicant is trying, and hoping that those in attendance will not be available to testify at a later date. The tower should be located elsewhere. AT&T should invest some of the millions of dollars they are using to sponsor the Dallas Cowboys and invest in researching better locations for this tower. The applicant hasn't even investigated alternative sites. If this site is approved Megan gets paid, the Tower people get paid, the school district gets paid, but the residents carry the burden of looking at this tower and listening to the auxiliary unites and smelling the diesel fuel exhaust. This is not a good site for the tower there are other viable locations in our community. Jean Sansinera Jr., 893 Eagle Hills Way Eagle, Idaho. He is hoping to provide some alternatives. Mr. Sanson displays images he downloaded from AT&T's website that show coverage levels in the Eagle area. After comparing the service area to the land use map, Mr. Sansinera states there are other viable locations of towers to be located. He also displays a zoning map that has several PS zoned areas that would perhaps better serve the AT&T customers. (images attached to minutes) Page 2 of 6 K.\P&Z\MINUTES\Temporary Minutes Work Area\PZ-08-05-13min.doc Craig Silverberg 821 Farrington Dr. Eagle, Idaho. Mr. Silverberg asks why the application isn't just being denied, he does not understand why there is a continued process. He is against the application regardless of how it looks; he doesn't want it in his backyard. Zoning Administrator, Bill Vaughan explains the application process for land use items for the edification of those in attendance. Jennifer Mangiantini 760 Ranch Drive Eagle, Idaho. This is almost literally in her backyard. When she drove through town and she did not see any other cell towers other than the one by Home Depot. She took a picture of a tower near Shorty's in Garden City. Displays a cell phone photo of a warning sign that is posted at the Garden City site, there are 4 signs on site that read: "Caution: Beyond this point radio frequency fields at this site may exceed FCC rules for human exposure. For your safety obey all posted signs and site guidelines for working in radio frequency environments. No trespassing." There will be children playing near the proposed site. Little kids who climb on fences, and poke things with sticks, you want them to wait for the bus right next to this site? She is appalled at Meridian School District. She is a single Mom and cannot afford for her property to be negatively impacted. John Cochran, 1200 Eagle Hills Way Eagle, Idaho. He drove around Boise and did not see any cell towers, he looked at Boise Schools as well—to find out tonight that Boise School District does not allow them. Mr. Cochran works for Meridian School District and is surprised that they would allow the tower to be placed. To find out tonight that the reason for allowing the towers is to make money for the School District. He is not in favor of placing this right near an elementary school playground. Alison Smith, 671 E. Beacon Light Eagle, Idaho. Her children attend this school and if the tower is allowed she will pull her children from attending this school. The school district has not thought this through as far as ramifications. What if she were to find out 10 years down the road that her children have cancer because of their attendance at a school that allowed a cell tower. She simply won't allow them to attend if the tower is allowed. Liam Spencer 574 E. Rockingham Eagle, Idaho. Mr. Spencer is a licensed realtor. He would like to relay information about property value studies were done: one in New Zealand, one Orange County and also one Florida that measured empirical and drops in transaction value after towers were installed. The values were impacted from 9% in New Zealand to 20% in Orange County. Dave Atkinson lives on Red Leaf Way. People are concerned about children, his kids no longer go to Eagle Hills, but it is still an emotional issue. People also get emotional because of the impact to property values, and also when people feel mislead. Eleanor Phillips, 945 Eagle Hills Way Eagle, Idaho. She lives adjacent to the school. She has children that attend Eagle Elementary. They love this community. The kids walk to school, and have health concerns and they simply cannot be exposed to the diesel fumes. She does not want to sell her home in this community that she loves, but if this is allowed she will have to. Karine Slagel 831 N. Fruitwood Place Eagle, Idaho. Ms. Slagel has lived in the Eagle Community for over 20 years. She has children and grandchildren and loves this town. She has researched this issue and the applicant. The applicant is preying on school districts that are in need of funding. She relays information regarding the danger of towers, and their maintenance when the integrity of the towers are compromised and can catch fire. She would like the residents and their quality of life to be considered and honored and deny this application. European Countries have placed restrictions that do not allow the placement of towers near schools. Lois Otting-Covelli 688 Palmetto Dr. Eagle, Idaho. Ms. Otting-Coveli is an employee from Meridian School District, she does IT and technology for four of the schools. She has lived in Eagle since 1985 and her kids attended Eagle Hills. Technology runs supersonic, she feels that there are opportunities in the next five years for towers to look totally different, so why are we putting up old technology. Eagle in the past has waited and done things right, so why are we jumping on the band wagon so fast. Five years from now there will be something different and something better. Page 3 of 6 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-08-05-13min.doc Darrel Farnsworth 467 E. Ridge Dr. Eagle, Idaho. He asks what the original land use designation for this property was when the land was subdivided. The school district may have to comply with the CC&R's. Kathy Streetman 677 E. Stierman Way Eagle, Idaho. This is impacting everyone in this room. There are places the tower could be placed that it wouldn't impact 100 people that it wouldn't directly impact so many. Property values will be decreased. It is a very bad idea. Camy Donahue and Faylene Way submitted written testimony that was provided to the Commission for consideration and attached to the minutes. No further testimony. This public hearing will stay open until the application is re-noticed to the next public hearing. B. CU-03-13/PPUD-03-13/PP-05-13 - Snoqualmie Falls Subdivision No. 4-Horseshoe Flats, LLC. Horseshoe Flats, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting a conditional use, preliminary development plan, and preliminary plat approvals for Snoqualmie Falls Subdivision No. 4 a 55-lot(43 buildable and 12 common) residential subdivision. The 23.83-acre planned unit development is generally located south of Floating Feather Road, west of Linder Road at the terminus of West Signature Drive. Chairman Aizpitarte introduces the item. Becky McKay, 1029 N. Rosario Meridian, ID 83616 representing Horseshoe Flats LLC. Ms. McKay reviews the application before the Commission tonight. They are in agreement with the staff report, with the exception of a couple of items. If the Commission is not comfortable addressing her clients concerns at this level, the, applicant is comfortable with the Commission approving the conditions as proposed by staff, and the applicant will address their concerns at the Council level. Discussion between Ms. McKay and Commissioners. City Planner, Mike Williams reviews the staff report and specifically the conditions 7 & 8. Planner Williams explains staff's application of Eagle City Code and the reason for said conditions. Chairman Aizpitarte opens the public hearing. No one testifies. Becky McKay explains their reasoning for lot placement in relation to the ponds and tennis courts in relation to the buffering that staff is requesting. Part of the challenge with this proposal to see that the application is profitable, especially with the economic challenges that the Treasure Valley is facing. Their proposal enhances the number of lots the developer is able to sell. Discussion. Chairman Aizpitarte closes the public hearing. Discussion amongst the Commission. Villegas is in favor with staff recommendations of approval, especially since the concern in item 8 is set out a development agreement. Smith concurs. Villegas moves to recommend for approval CU-03-13/PPUD-03-13/PP-05-13- Snoqualmie Falls Subdivision No. 4-Horseshoe Flats, LLC with the standard and the site specific conditions of approval as recommended by staff. Seconded by Smith. ALL AYE...MOTION CARRIES. C. RZ-24-06 MOD4& PP-03-12 -Renovare Subdivision-Renovare Development,LLC.: Renovare Development, LLC, represented by John Rennison with Rennison Engineering is requesting a development agreement modification and preliminary plat approval for Renovare Subdivision a 67-lot Page 4 of 6 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-08-05-13min.doc (55 buildable, 11 common, and 1-park site)residential subdivision. The approximately 37.38-acre site is generally located on the east side of South Edgewood Road approximately 710-feet south of State Highway 44. Chairman Aizpitarte introduces the item. City Planner, Mike Williams. No staff report was prepared as a number of outstanding issues remained at the time the packet was prepared, however all of the background information was provided to the Commission for review. Commissioners Smith and Villegas express concern over the lack of a staff report. They would be much more comfortable proceeding once a staff report has been generated for them to review. Zoning Administrator Vaughn provides comment on the application and the challenges that staff and the applicant have been working through. City Attorney, Susan Buxton has concerns with how this application is proceeding. There may be members of the audience in attendance that wish to testify and may be unable to attend at a future date. Discussion. John Rennison 430 E. State Street Eagle, Idaho states they are prepared to present should the Commission want to hear it or they can wait until a staff report is generated. City Attorney provides clarification on process. Discusses with members of the audience in attendance. This item will go first on August 19, 2013. Aizpitarte moves to continue RZ-24-06 to the August 19,2013. Seconded by Smith. ALL AYE...MOTION CARRIES. D. ZOA-01-13—M3/Spring Valley—M3 Eagle,LLC: M3 Eagle, LLC, is requesting a zoning ordinance amendment to establish development standards and processes for the M3/Spring Valley Planned Development consistent with the Pre-Annexation/Development Agreement(PADA)and the condition of development. This item was continued from the July 22, 2013 meeting. (NBS) Chairman Aizpitarte introduces the item. JoAnn Butler, 251 E. Front Street Boise, Idaho representing M3 Eagle, LLC. Ms. Butler reviews Chapter 11 which is regarding administrative and enforcement procedures. City Planner,Nichoel Baird Spencer explains the document that was provided to the Commission. City Attorney, Susan Buxton and Cherese McClain provides clarification on proposed language. Discussion. Aizpitarte moves to continue ZOA-01-13— M3/Spring Valley —M3 Eagle, LLC to August 19, 2013. Seconded by Smith. ALL AYE...MOTION CARRIES. 6. NEW BUSINESS: NONE 7. REPORTS: A. Commission:No report. B. City Attorney: No report. C. Staff: Zoning Administrator Vaughan's states that the planning department will be hiring an additional planner to help with all of the land use applications that are coming through. The new planner will be starting in late August. 8. ADJOURNMENT: Aizpitarte moves to adjourn. Seconded by Villegas. ALL AYE...MOTION CARRIES. Hearing no further business,the Commission meeting adjourned at 8:18 p.m. Page 5 of 6 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-08-05-13min.doc ssose SIp,y,, RESPECTFULLY SUBMITTED: ,l& :%.; OF E9 ,, o�p0R�� F • _� • I.O. , ... .t/� G irk �.. * � SHARO K. BERGMANN SEAL CITY CLERK/TREASURER • ,•• r �0 , •• f iD ' ••••,,,OF I ,0 APP' i ' D: 0 DAVE AIZPITARTE CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILA AT CITY HALL UPON REQUEST. Page 6 of 6 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-08-05-13min.doc EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGNUP SHEET August 5, 2013 SUBJECT: CU -02-12 — Personal Wireless Facility (Height -Over 35 Feet) - Skyway Towers, LLC.: ADDRESS/ TESTIFY NAME TELEPHONE/E-MAIL (� (99t'tck00 Esc C�� C-� �1'�— (,ct coo .23- 2 ,13‘.t_/ -1/2q �; eco ilLezz444,;‘, 5?i :v Pr Krt.' .4qiy a- . . (..o 4mm,- ti -00 GLS /(/c.iA Jr, Z 7/74V--eah/44 JIttLin SculsviemAJ c JI/�1 M(M L4T(/07 ‘ZZ ? i-1 /1 1,"` v4 f6/ 5-7,v /11,4 Azr:,?-) /4142474v 213 Ca fiIt ii/- - LCA L U f 5-72 YES/NO? PRO/CON `tits CiJ N° COV\.. Lies L)17\ tie 5 (-COM Lt.2 4 / ('01) c ()� kro /V VC S w 7 3fl-/ii;t4-,14_4.-.._ A/67 ezz....-fr,/ aiyip4i, / f?.. A)0 ,61 J ���� EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN—UP SHEET August 5, 2013 SUBJECT: CU -02-12 — Personal Wireless Facility (Heieht-Over 35 Feet) - Skyway Towers, LLC.: NAME (l %✓�X`ris6, W- ) i\i- -,A,\ C_-"\ �t/%ic, ,C,1 czteTi7 i,\;, ,_ fkaL 11,t V; L MAR ti% a i Y 1606'1 glayv. /1") kr ,' 6/-(,,liaP-1 1 i 0:rni cto t ADDRESS/ TELEPHONE/E-MAIL ,2c. E `j.3g-67'` ,r S. --767 'JQi4ct: � f o q A-, C r I ()L d13,_-�� JS (Qpi J CL (1 `"I /A/hr; c .9 V FV , 47i -366 ch �f,Le (V) ?3 3 TESTIFY YES/NO? PRO/CON IVU (9 �rS/ �Cf S c 07. C/(4 CA) (3/J CA 6 Iv een �Q f5 //0 )9/,L' A Z/ Ski J.- Ck -Or % I lGc�%J� 1Q_ TY -1'T (e0Aetna\ Dr 010.. ra w�w� *1/4"k �3 , k9, 1.)>I4 1,i,\ PL t 7`r'0 f d Ghu' Zi kfr, S 7+-c;-01— = EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-UP SHEET August 5, 2013 SUBJECT: CU -02-12 — Personal Wireless Facility (Height -Over 35 Feet) - Skyway Towers, LLC.: NAME LI _� <<� l CCi'C e1 II''1 ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON ' , 1 /1 ( / 61iz l � N ►l,12.k4 Jtuf S /.2d, e �•��`�i N u -S{ r ee)--)41v,677 - cLe; c1',e 61/Lk 1AELSQ-71 '? ec ? k1j)',5 � vis 073 /LiQ4 f J Co jc)ii r7 Scr\ CDC o s S n jLa, e-J5c4_, LlikeAetA l�,ku���,, 0Lf e to,(951/!(c- ebb,e GL4�15—k VL v-z-vy U7 /t4) cc dfrs--/ (an /4 4 I;, 1 1C4((VI ufk 57q / t i?!.A��)1kail g (L,Lif 2_ S -kle r ck,n -J4.1,1\i`J C c N( rim) no Ccsr\ EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-UP SHEET August 5, 2013 SUBJECT: CU -02-12 — Personal Wireless Facility (Heieht-Over 35 Feet) - Skyway Towers, LLC.: ADDRESS/ TESTIFY NAME TELEPHONE/E-MAIL U ItJ 1-4171"-C.4 i i -40v 1.): d) P 5Pei bt,4) fir) 991 [4 \\ `\ Ch'-erev (oi 3k t�L 3 t2 - (nr'oi 1 AJC 62 7/6 I vV rr 7-1 f G, vv -v-9 cgi0 f,.rez 4iAk,fr( l (OF / j 1(//— /o/ 6 Kd-tiv PoWs' v v- Vamnak0/4 P Iji21(f.bAlsL 2Li1DLi 75- M , De-toorr 461ct 635- 0a-Cml& dC)i, YES/NO? PRO/CON r\ 0 co ,-\ Ctrl 0„.0 l EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-UP SHEET August 5, 2013 SUBJECT: CU -02-12 — Personal Wireless Facilitv (Heieht-Over 35 Feet) - Skyway Towers. LLC.: NAME ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON i--1 a.ti 19eu,.n .l Ri btA x CggAfkC C 7 IT 1 05 c Df. /—»,5 IC aidth - pn" 6. M/"/ -7X &30 1-7/R/Wa7-0/1()4 4!( La g ifctiTi&O kE.,et l\lo Con EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-UP SHEET August 5, 2013 SUBJECT: CU -02-12 — Personal Wireless Facility (Height -Over 35 Feet) - Skyway Towers, LLC.: NAME ‘.)ushN) ec gjoe (A,S+€ Ae `1 �a ekxi ceK J / -n7in (vel1� ADDRESS/ TELEPHONE/E-MAIL �7 d f a l vi c e D7, b h�:7kSv.ran (2 �-s-� T t gy4to, `I() Pc ez„ TESTIFY YES/NO? IU (QU R-3 e, / dirceVe: ';o ,,-)N\. (,e �► /- Ai Cadii'i1 k /2 (� (.16 Palms o Pv. .Pc3 I-ec w o Ss7 STretwka,, !lam PRO/CON coH ("Q\ Co A) (A)A2 Con Cov\ c EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-UP SHEET August 5, 2013 SUBJECT: CU -02-12 — Personal Wireless Facility (Height -Over 35 Feet) - Skyway Towers, LLC.: NAME 4 6 51 7"NDS /21- /di&, *r L- e v ---s 76Lei(-eq-- ;k°"q(j '0 Anwl c`cA At4 6 6,20H y `ie ---r-, b41- !2. t_ c Yl C O .� 1 ADDRESS/ TELEPHONE/E-MAIL 9'45 'v e,-.716 /IA A4'a. 5-360/1 5Gd -, - 'JD 50 Ac/4,,A,4,„/4„., /7? A. 7144'/c Lary /e - O S36i6 ,6,7./a 5'f7 e j. Cha /1--c /A. S (� K) . (,.) ; r1(0161/1 -1- 1'1? -7 c' 16vim^?I a (cam / P )1-C Wek.c I- I pc, LTh S361 `78/<<vlel/ & 736l b E 17) TESTIFY YES/NO? PRO/CON /10 ao,J iv& 2 } Co n EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-UP SHEET August 5, 2013 SUBJECT: RZ-24-06 MOD4 & PP -03-12 - Renovare Subdivision- Renovare Development, LLC.: NAME Tii( u(3(f (;(.17-44-f-1 ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON 12`1 S cr/1.-6- i(e_Are It- /7)- ice, , /V)/ L S' i�iQ�s rF777 i%Z / a,4/ir. F5G/6 // 7/ S . C— D6- ) ;9 c-,-) -, / J ,- ,, /V L. ,J ('o"cl EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-UP SHEET August 5, 2013 SUBJECT:. ZOA-01-13— M3/Sprine Valley—M3 Eaile, LLC: NAME j:-1- _— 6-k ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON Dr c 3G -r 7Z ) yes CoA) No Coe\ No EAGLE PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-UP SHEET August 5, 2013 SUBJECT CU-03-13/PPUD-03-13/PP-05-13 - Snouualmie Falls Subdivision No. 4 - Horseshoe Flats, LLC NAME ADDRESS/ TELEPHONE/E-MAIL TESTIFY YES/NO? PRO/CON ,/v July 31, 2013 City of Eagle P.O. Box 1520 660 E. Civic Lane Eagle, ID, 83616 To Whom It May Concern, Lz /5/)3 ��RE(;EIVEO & ;=ILEfJ y CITY OF EAGLE AUL C12013 File: Route to. I am sending this letter to address my concerns regarding a proposed cell phone tower at Eagle Hills Elementary School. As a tax -paying citizen and property owner in the city of Eagle, I am extremely against this project. Not only will a cell phone tower be unsightly, but in other residential areas the addition of these towers has been shown to drop property values by as much as 20%. Will the city of Eagle be reimbursing homeowners in the area for the decrease in value to their properties? The amount of money the city stands to make by allowing this tower to be built doesn't even begin to reflect the amount of money that will be lost due to a decrease in property tax revenue. Additionally, I find it very irresponsible to place a cell phone tower in, or anywhere near, an elementary school without solid proof that no harm will come to the children exposed to it. These towers have been shown to cause an increase in certain types of cancers in the people that are around them daily. Before a tower is approved anywhere near a children's playground, there has got to be some assurance that they are safe beyond a shadow of a doubt. Without that, I find it morally repugnant that the city would even so much as consider placing this tower in this location. The safety of children should be a top priority in the decision-making process. If this project must move forward, find a different location, in a non-residential area far away from a children's school. Place it somewhere where it will not be an eyesore and cause trouble for local homeowners. Or, better yet, just say no to this project. Camy Donahue CITY OF EAGLE P. O. BOX 1520 660 E. CIVIC LANE EAGLE, IDAHO 83616 LEGAL NOTICE TO PROPERTY OWNERS DATE: July 19, 2013 THIS IS AN OFFICIAL NOTICE OF PUBLIC HEARING REGARDING AN APPLICATION SUBMITTED BY: Skyway Towers, LLC SUBJECT/ LOCATION: CU -02-12 — Personal Wireless Facility (heieht-over 35 -feet) — Skyway Towers. LLC: Skyway Towers, LLC, represented by Ronnie Fuller with FlatCo Telecommunications Services, LLC, is requesting conditional use permit approval for a personal wireless facility (height - over 35 -feet). The 10.2 -acre site (North Eagle Hills Elementary School) is generally located on the north side of East Ranch Drive approximately 40 -feet east of North Stierman Way at 650 East Ranch Drive. A MAP SHOWING THE AREA UNDER CONSIDERATION IS INCLUDED HEREIN. THE EAGLE CITY ZONING ORDINANCE PROVIDES THAT ALL OWNERS OF PROPERTY WITHIN 1,000 -FEET OF THE BOUNDARIES OF THE APPLICANT'S PROPERTY BE NOTIFIED OF THE HEARINGS. YOU ARE INVITED TO ATTEND THE PUBLIC HEARINGS AND OFFER YOUR COMMENTS FOR CONSIDERATION. IF YOU ARE UNABLE TO ATTEND THE HEARINGS, AND YOU HAVE PERTINENT COMMENTS, YOU MAY DELIVER THEM TO THE CITY CLERK NO LATER THAN FIVE (5) WORKING DAYS PRIOR TO THE HEARING, AND THEY WILL BE ENTERED IN THE HEARING ON YOUR BEHALF. The Ada County Highway District may also conduct public meetings regarding this application. If you have questions about the traffic that this development may generate or the impact of that traffic on streets in the area, please contact the Ada County Highway District at 387-6170. In order to expedite your request, please have ready the file number indicated in this notice. ***EAGLE PLANNING AND ZONING COMMISSION HEARING DATE: Aueust 5, 2013 TIME: 6:00 p.m. LOCATION: Eagle City Hall SINCERELY, Micha-' illiams, PCED, CFM Planner II City of Eagle MAPS ENCLOSED Page 1 of 1 K \Planning Dept\Eagle Appliutions\CU\20121CU-02-12 Skyway Towers 1000 doc This map is made from data copyrighted by Ada County Ada County shall not be liable for inaccuracies or misuse of this map Maps beanng this disclaimer may be photocopied freely However, use in any digital form requires the written permission of Ada County ADA COUNTY ASSESSOR Land Records Division Geographic Information Systems 190 E Front Street, Suite 107 Boise. ID 83702 (208)287-7261 1 in = 0.04 miles ti /56 abstract This article examines whether proximity to cellular phone towers has an Impact on residential property values and the extent of any impact. First, a survey approach is used to examine how residents perceive living near cellular phone base stations (CPBSs) and how residents evaluate the impacts of CPBSs. Next, a market study attempts to confirm the perceived value impacts reported in the survey by analyzing actual property sales data. A multiple regression analysis in a hedonic pricing framework is used to measure the price impact of proximity to CPBSs. Both the survey and market sales analysis find that CPBSs have a negative impact on the prices of houses in the study areas. 1�eApplaLSalJaulna!, Sununu 1005 The Impact of Cell Phone Towers on House Prices in Residential Neighborhoods b,1• Satiny Bond, PhD, and Ito -hung llfir ? he Introduction of cellular phone systems and III(• rapid I1111'dS( in lilt' 111111111e1' o1'us(rs (►f(•(•Ilnlar phones ha\e In(•r(•.I,(•(I r\posure lo c'I(•(•Ir•))rtI gneti(• fields (I:11Fs). Ileallh consequences of long-term LIS(' of cellular phones are not Lnun n in (It•taiI,1)111 data hl(li(•a+Irs Ihat (I(•%elop(nent ol'nonspc rill( to r►11h sy mphrnls is possible.' (:on%rrsely, 11 appears health eil't'rls from cellular phone equipment (antennas and base stations) pose I('%%, 11 any, knm1 n health hazards.' R concern associaled illi cellular phone usage is the siting of cellular phone transmitting antennas ((:I''I'\s) and cellular phone base stations (CI'IRSs). In N '%\ Zealand, (:PIIS sites are increasingly in demand as the major cellular phone companies there, Telecom and \'octad me, upgrade and extend their nekNork t•m 'rage.'I'his drmaml could Prot fie the ow ner oia '.ell located properly a yearly income for the siting ofa CPRS.' 1lo«o er, technology that represents po- Icnllal hazard,' to human health and sali•1y may cause property %aloes Io (11min ish due In public perceptions (41 hazards. Rledia attention to the potriitlal health hazards of (:PIlSs has spread concerns among the public, resulting In Increased resistance to (:PISS sites. Some studies suggest a( I)(►s1111(` (•(►r1•elalluti IJet%%('('Ii long-term ('\I►osllr•e to the electromagnetic fields and cerla1n types of cancer,' yet other Muffles report inciniclusi%e results on health effects.' \oiyvIlhslanding the research results, media reports Indicate Ilial the e‘ tent of opposition from some property oti\ tires 1, Stanislaw Stmigielski and Eliibiet Sobruowska. 'Cellular Phone Systems and Human Health Problems with Risk Perception and Communication,' EnvrronmentaJ Management and Health 11, no. 4 (20001 352-368. 2. Jerry R Barnes, 'Cellular Phones Are They Safe',' Professional Safety 44, no. 12 (Dec. 1999) 20-23 3 R Williams, "Phone Zone—Renting Roof Space to Ma Bell,- The Property Business 12 (April 2001): 6-7. 4. C. M Krause et al , -Effects of Electromagnetic Field Emitted by Cellular Phones on the EEG During a Memory Task," N'euroreport 11, no 4 (2000). 761-764. 5. Independent Expert Group on Mobile Phones, Mobile Phones and Health (Report to the United Kingdom Govern- ment, ment, 2000). http.//www ieamp org.uk iAt'u1ed by the siting uf(:I'I;Ss remains strong!' I loss - e%'1, the 10 10 x.11101 such auilu(les;u4, rrlle(t('(I In Iosser properi) sallies for hooters locate(! near (.I'litis Is not kilos. n. l-nderstanding the impact of (:1'1 Ss un pr'oper'ty .;dues is important to telecommunications compa- nies both for planning the siting of Cl'IISs and for determining likely opposition from properly ns\ 11- Si1111111/.1, proper'!) appraisers nerd Io under- stand the salualiun implications nl' (;I'IlS1 s. hen %airing CI'llti-aIlt ted properly. "1'114, owners of af- Ii'c•11d property also waril to understand the magni- tude of ally effects, particularly if compensation dal IT) s or an assar'd for damages are to be made based 011 all. [legalise ('fle'e'ts tltl .alhie. The research her uses a case study approach 10 determine residents' perceptions towards IIs Ing near (;I'IiSS In (;1i isl birch, Ness Zealand, and to qua Mil) these effects In 010netar) terms according to an 11 (reasing or decreasing percentage of pt•op- ('rI) .81u('.Till' (au'study uses both an opinion mu- ses and an ec'onometr'ic analysis of sales transac- tion data. A comparison of the result, can be used to help appraisers %alar afli'('lecl pr'oper'ty as well as to resolse compensation issues and damage claims in a illumiitati%1, 1,‘ a). further, the results pro%l(I( a potential source of inhumation for go% ern mendag(sn cies in assessing Ihc' necessity for Increased infor- mation pertaining to CI'ItSs. I lie folioss ing pros ides a br•ir1 res less of the cel Inlay plume technology and ivies ant literature.'I'her), the next section describes the research procedure used, including descriptions o1' the rase stud) and control ;twits. The res tills are then discussed, and Ihc final section pros teles a summary and conclusion. Cellular Telephone Technology' Cellular (mobile) telephones are sophisticated RI, o - way radios that use ultrahigh 11111(444•) (11111') r•a dlu ssa%eh 14) (orr►mtill Wilk` inli►rrnaliun.'I'hr inl0r- 0111110rl Is passed betss(t'n a 11101)1141)1101141111(111 ru't- worl: of low puss(r(1 Ir•anSreis(Ts, called mobile phone sites of tell sites. As mobile sites ares cry loss powered the) secs(' only it limited geographic area (or "cell'), xI1') ing from a fess hundred meters to s('s(ral kilometer's; Ihe) can handle only a limited number of (alis al one lime. 1\ hen a mobile phone user on the mos( leases one cell and enters another, the next site automatically takes 0%er the call, al- Ioysirig contact 14) be maintained. 1\'hen a mobile phone call is irtitlilted, the phone connects to the nct.ork by using radio signals to communicate sstlh Ilse nearest mobile phone site. The 0101)110 phone sires in a network are 111144.1 inked by cable or microssme beans, enabling phone calls In he passed front one cell to another ;u►tornatl(all). A mobile phone silo is typical!) made 1111 of a mast )1 lilt antennas connected to equipment stored in a cabinet. Posse'. Is li'd Intra the cabinet by underground cable. The antennas are designed to transmit most of the signal assay horizontally, or lust helm. hori- zontal, rather !marl ail steep angles 14) 1114' ground. lobule phone sites can only accommodate a lim- ited numberofcalls at any one time. NA hen this limit is r'eac'hed, the mobile phone signal Is transferred to the next nearest site. if this site Is full or Is too far away, the call s.111 fail. Cell site capacity Is a major Issue 1i41' telecom- munication companies. As the number of people using mobile phones grow s, more 1111(1 more cell sites are r1u1re1 to meet customer demand for r'e'liable ('os(nage. At the end of \larch 0(12, 'telecom had more than 1.3 ()1111100 1)101)114' phone customers and more than 750 mobile phone sites throughout New Zealand. Vodato►n( had °.et' 1.1 million mobile phone customer's!' In 1110115, such as Auckland (the largest city In Ness Zealand, ss1111 ('los(' to a third °rule \Z population), ss here almost complete eoserage has been ;(him ed, the main issue is ensuring that (here Is Ilse capacity to handle 111e ('mel -increasing num- ber of mobile phones and calls. Locating Cellular Phone Sites For cellular phone suis ice pr'nviders, the 11111111 goals s% hen locating cell sites are (1) finding a site that pro- s ides the lest possible co%erag4, in Ih(' area s. ilhoul causing interference w flh other cells, and (2) finding a site that caul(•, the least amount of ens 1I'ohmenlal impact on the surrounding area. tiers ire pros biers usually attempt In locale cell sites on existing struc- tures such as buildings, ss here antennas can be mounted on the roof to minimize Il(' ens irunrnentaI Impa(1. 11' this is not possible, a roast %% 111 meed to be erected to support the antennas Ioi' the new cell sit('. G. S fox, 'Cell Phone Antenna Worries family," Last R liar, Courier, November 8, 2002, 1 7. The information in this section was sourced from Telecom, hitp•//www telecom co m; New Zealand Ministry for the Environment,http://www.mfe.gwt.ni, and New Zealand Ministry of Health, http://www.moh.govt.nz. 8. Vodaunn• "Cell Sites and they Gwironmenl' Iritp'//www y()(1.1f0110.co.ni/aboutias/vdfri_.thout_cellsitos ixif (accessed December 19, 2009) ancJ "Mo- bile Phones and Health ' http //www vodafone.co ni/aboutus/vdfn about_health_and safety pdf (accessed December 19, 2002); and Telecom, "Ma bile Phone Sites and Safety.' http://www telecom co nr/content/0.3900,27116.1536.00 html (accessed December 19. 2002) _ _ _ -the impact of tell phone -towels on house Dotes in residential neinibolhoods AT&T Maps - Wireless Coverage Map for Voice and Data Coverage from AT&T Page 1 of 1 AT&T Maps Search ny address ZIP Code country or landmark Wireless Coverage Type Domestic Voice Data GoPhone® Pay As You Go ! Wireless Home Phone Prepaid GoPhonee Pick Your Plan International Voice Data Loom in or the map to see InprvwuaI store Disafiti5bed store detans Legend Your search New to AT&T, Get started • Learn about 4G LTE • S oe nr a mobile/0hone • Shop lora rate plan • Shoo for prepaid phones (Ate 1,287 people like this Srgn Jp to see what your fnends hke 78 Print Domestic Wireless Voice Coverage This map shows wireless voice coverage in the United States Puerto Rico and the U S Virgin Islands Eagle Rills GO Count. 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Eagle. ID - Google Maps Pane 1 of i Go -sic I ng Featllr r Ril F I ,..It.ng F Bather Rd Eagle Urtred Methodist n Church z Fare St To see all the details that are visible on the screen, use the "Print" link next to the map. E F ;,anng Feather Id E F .;at n. ('I urrh o'Jest.s Christ o` _JS Tao CMr3 i0":4{%Googie- https://maps.google.com/maps?hl=en&sugexp=les%3B&gs m=4&gs ri=psv-ab&tok= -9... 7/29/201 11111111 imminommemir womemor Afariffinmeffignoffiv limanner PROPOSED SKYWAYCELL PHONE TOWER AT EAGLE HILLS ELEMENTARY SCHOOL Tower Height • Existing Towers within Eagle • Eagle Hills Elementary (EHE) Site Real Estate Values Boise School District • Meridian School District Closing Considerations t'�Fea(tierl �dWlFloat�n'g�Feath"e�Rd o'ii Ct Existing Towers Within Eagle Republic Storage (east side of town) —AT&T is on this tower Eagle High School -using existing athletic field towers Eagle Hills Elementary site would be a stand alone develop • The EHE site is not a good location because of its proximity to homes, school playground, an pudic, including children There are too many unanswered questions Proposed other site within Eagle (non residential, school) (map) • Remember why you moved to Eagle r agle Hills Elementary Site First stand alone site in district Proposed site is near school playground and city park D iesel emission from emergency generator • Possible expansion of tower site N o revenue directly back to Eagle Hills Elementary w rruceuure in place relating to cell towers • EHE site would .11 5c. SL • Consideration — 5K (general fund) (1K —12K) goes to • Monthly lease payment general fund, not to Eagle Hills • Concerned with generating revenue! Not concerned with emissions Real Estate Values • Idaho Association of Realtors — opinions vary greatly on impact. Local agents (Group One) say values decline. • Ada County Assessor's Office stated that cell phone towers and property values are a controversial topic 042011.10, • :,g,;`. '•'.• • • • •• • • • • v-• ' • ' • •' '• • - • " • District has been approached to site cell towers • District procedure does NOT allow cell phone t propert Concerned abou miss Con e ne about.t STUPE discussions in 1 po ht o�a1Spact,ddit�of���,oat SiteJn�eSOWtheir oW�'toWers�01o�a�eSot-.,� �,oac• �e�,oWer15fo1W�, toWersatSiteOn.,.+heiroweCNe�g• .�wee heigle\-k.35�eesm 110feeto�veC Ne�g��twith P�n°� tarts at g� feeTwe�e oc 35{ee he‘ght 11�feed 11� feed t t arrier`- arrie s, a \r4 ay W i11 se �he� Will c2`�'aQu��� ay Wi11 sed carriers wi11 app \\/ they `Ni11 • 1 e nt Tower height starts at go feet with AT&T, not 35 feet Sky Way will sell additional space to carriers, height Zso feet Once tower is full, other will carriers will app to locate their own towers at site Boise School District D istrict has been approached to site cell towers D istrict procedure does NOT allow cell phone towers on district property Concerned about emissions Concerned about their STUDENTS! N o discussions in changing policy Real Estate Values • Idaho Association of Realtors — opinions vary greatly on impact. Local agents (Group One) say values decline. Ada County Assessor's Office stated that cell phone towers and property values are a controversial topic. Meridian School District Procedure in ace gelatin o cell towers HE site would be first stand alone tower onthly lease payment {1K -- ::2K) goes to eneral fund not to Eagle Hills Concerned with generatingrevenue! of concerned with emissions • Proposed sitea co`o `Iayground and city park esel emission from emergency generator No revenue directly back to Eagle Hi CAose‘og Coosidevak:0\5 "\-\eENE site is n°tagood p s.te,e • as\i de\te\op hvvoay oasNCd ge-°s .es'bv,)3 moeo9E • p°oeteie v,ho a1nn C'dnii , school) rap) Existing Towers Within Eagle Sc ool =using exist owers Alternatives W Floatii Feather Rd Traffic tv.Eloatmg,Feather.Rd 'off IN'Eloatinq.Ecaith'eFeRd ElEloatingFeather-Rd; 1'J Steeple View Dr E FtttP. Dr r NOrthv'ie'w40t PROPOSED SKYWAYCELL PHON TOWERAT EAGLE HILLS ELEMENTAR' xisting owers wit in ag e • Eagle Hills Elementary (EHE) Site Real Estate Values • oise School Distric • Meridian School District • Closing Considerations ez glsus August 2, 2013 Mr. Jack Learned 991 Eagle Hills Way Eagle<1D 8o3616 Thank you Mr. Learned for the reminder of the very important meeting being held at Eagle City hall on August 5, 2013. I have been a resident in the Eagle Hills area for almost 15 years and have enjoyed the courtesy of neighbors and care of the neighborhood. I, too, was concerned upon hearing of the proposal to the change in our environment, and another possibility of the loss of control of future changes in our area. Since I can no longer drive, or participate in person , I would appreciate it if you could include my feelings of protest to this proposal. Once a freedom is lost it can rarely be regained. Thank You for caring. ce,, ,,J4__ 2. Ze)a/ Sincerely, Faylene E. Way 653 Palmetto Dr. Eagle, Id 83616